2020 Georgia Code
Title 42 - Penal Institutions
Chapter 8 - Probation
Article 2 - State-Wide Probation System
§ 42-8-31. Collection and Disbursement of Funds by Officers; Record-Keeping; Bank Accounts
No officer shall collect or disburse any funds whatsoever, except by written order of the court; and it shall be the duty of the officer to transmit a copy of such order to DCS not later than 15 days after it has been issued by the court. Every officer who collects or disburses any funds whatsoever shall faithfully keep the records of accounts as are required by DCS, which records shall be subject to inspection by DCS at any time. In every instance when a bank account is required, it shall be kept in the name of the Department of Community Supervision.
(Ga. L. 1960, p. 1092, § 4; Ga. L. 1972, p. 604, § 15; Ga. L. 2015, p. 422, § 4-1/HB 310.)
The 2015 amendment, effective July 1, 2015, substituted the present provisions of this Code section for the former provisions, which read: "No probation supervisor shall collect or disburse any funds whatsoever, except by written order of the court; and it shall be the duty of the supervisor to transmit a copy of the order to the department not later than 15 days after it has been issued by the court. Every supervisor who collects or disburses any funds whatsoever shall faithfully keep the records of accounts as are required by the department, which records shall be subject to inspection by the department at any time. In every instance where a bank account is required, it shall be kept in the name of the 'State Probation Office.'" See Editor's notes for applicability.
Cross references.- Applicability of this state's correction laws to probationers' found in other states, T. 42, C. 11.
Editor's notes.- Ga. L. 2015, p. 422, § 6-1/HB 310, not codified by the General Assembly, provides that: "This Act shall become effective July 1, 2015, and shall apply to sentences entered on or after such date."
Law reviews.- For article on the 2015 amendment of this Code section, see 32 Ga. St. U. L. Rev. 231 (2015).
OPINIONS OF THE ATTORNEY GENERAL
Collection of supervision fee by department.
- Department of Offender Rehabilitation (Corrections) may not on its own initiative collect supervision fee from probationers. 1981 Op. Att'y Gen. No. 81-100.
Collection of funds by probation office employees.- Department of Offender Rehabilitation (Corrections) may not enter into an arrangement with the Department of Human Resources in which employees of local probation offices, other than probation supervisors, may collect child support recovery unit money which arises from civil proceedings brought by the Department of Human Resources on behalf of errant fathers. 1982 Op. Att'y Gen. No. 82-99.
Payment of supervision fee by probationer.- Probationer's agreement to pay supervision fee should be obtained at time of sentencing and should be recorded. But, regardless of whether probationer agrees, the probationer can be required to pay a reasonable supervision fee as a condition of probation. 1981 Op. Att'y Gen. No. 81-100.
Retention of fee.- Probation supervision fee, collected pursuant to probation order of sentencing court, does not have a statutory premise. Therefore, such a fee does not have to be paid into state treasury but, if permitted by probation order, could be retained by the Department of Offender Rehabilitation (Corrections). 1981 Op. Att'y Gen. No. 81-100.
Authority to collect payments of fines and restitution.- Collection and disbursement of payments of fines and restitution as may be established as conditions upon the grant of parole may be undertaken by probation supervisors employed by the Department of Offender Rehabilitation (Corrections) so long as such payments are specifically required by court order as the result of a criminal proceeding. 1984 Op. Att'y Gen. No. 84-50.
Probation supervisors employed by the Probation Division of the Georgia Department of Corrections may collect voluntary payments of court-ordered fines and restitution after the expiration of periods of probation. 1987 Op. Att'y Gen. No. 87-10.
Withholding "collection fee" from fines.- Since expenses of Department of Offender Rehabilitation (Corrections) in supervising probationers are not a proper cost of prosecution, the department cannot withhold "collection fee" to offset these costs from fines which it collects. 1981 Op. Att'y Gen. No. 81-100.
